Conn. Supreme Court OKs Viewing Booths at Adult Store

HARTFORD, Conn. — The Connecticut Supreme Court has allowed adult store owner Dennis Loring to open a new adult store with viewing booths in North Haven, Conn., in a 3-2 decision released Wednesday.

The court majority said that the North Haven planning and zoning commission had not offered sufficient evidence when it ruled in 2005 that the video preview booths were not a permitted use.

The case had been argued before the court in November.

"We're very satisfied and pleased that the court upheld the lower court's decision," Loring told XBIZ. "It's been a long time coming and we feel they made the right decision."

In testimony before the planning commission and the state Supreme Court, attorney Daniel Silver, representing the store, said that adult videos cannot be advertised in mainstream, so stores need to provide an opportunity for customers to view the videos. Because the booths are customary and important to adult stores around the country, they are "accessory" to the business, according to Silver.

An attorney representing the planning commission before the state Supreme Court in November argued that it was up to the public, not an industry, to determine what was customary in a community.

After the commission ruled that the video booths were not a permitted use and that parking was not adequate for a use that included the booths in August 2005, Silver appealed the case at a lower court. That court sided with him, ruling that the denial of the site plan was illegal and arbitrary but it didn't order the commission to take any action. Loring and Silver went back to court to modify the decision.

New Haven Superior Court Judge Thomas J. Corradino then ruled that the zoning commission must approve the site plan but not until all appeals had been exhausted.

The state Supreme Court majority, made up of Chief Justice Chase T. Rogers and justices Joette Katz and Richard N. Palmer, ruled that the commission "failed to explain why the use was not incidental to the primary use. Therefore, in the absence of actual knowledge or factual evidence to contradict Silver's testimony, the trial court properly concluded that the record did not contain substantial evidence to support the commission's conclusion that the video preview booths are not a valid accessory use to the primary permitted use of an adult book and video store."

The dissenting justices, Flemming L. Norcott Jr. and Peter T. Zarella, said there was substantial evidence, explaining that the commission "reasonably could have determined that the booths did not constitute an accessory use," as defined in the town's zoning regulations, which consider the adult book and video store a "basic neighborhood store."

The dissenting justices said the decision to affirm the judgment of the trial court "improperly invades the discretion accorded to the commission, whose decision in this case was supported by substantial evidence, and an even more substantial dose of common sense."

Loring told XBIZ that the next step is to get a building permit from the city for the buildout of the store, and the store should open in eight weeks.

When asked if he expected any problems getting the permit, Loring said," We're hoping not, but you never know."

The court's decision

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Justices Alito, Thomas Invoke Victorian-Era Morality Law, Raising Censorship Concerns

Several national publications reported this week on widespread concern among Free Speech advocates after U.S. Supreme Court Justices Samuel Alito and Clarence Thomas repeatedly invoked during a hearing the infamous segregation-era law the Comstock Act, which was the cornerstone of U.S. censorship of sexual material from the 1870s until the 1970s.

LELO Launches 'Masturbitter' Craft Beer to Promote Male Sex Talk

LELO has partnered with Great Beyond Brewing Company to launch Masturbitter, a craft beer, to encourage men to discuss sex.

Nebraska AV Bill Moves Forward Despite Privacy, Free Speech Concerns

Nebraska’s unicameral Legislature has given first-round approval to LB 1092, the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still pursue antitrust claims in the future.

Xgen Now Shipping ZOLO's 'Stroke Off' Collection

Xgen Products is now shipping the Stroke Off collection of 11 handheld strokers and four masturbators modeled after lifelike body parts.

Nobü Unveils 'Gyrä' Vibrating Grinding Pad

Nobü has introduced the new Gyrä vibrating grinding pad.

Orion Introduces New 3-Motor Vibrator From 'Sweet Smile' Line

Orion Wholesale has debuted the new three-motor RC G- & P-Spot Vibrator from its Sweet Smile line.

C1R Debuts 'Vers' Suction Dildo, Butt Plug

C1R has introduced its new Vers liquid silicone suction dildo and butt plug.

FSC, Co-Plaintiffs to Ask US Supreme Court to Review Constitutionality of Texas Age Verification Law

Free Speech Coalition (FSC) and its co-plaintiffs in the challenge to Texas’ controversial age verification law have petitioned the United States Court of Appeals for the 5th Circuit to stay its recent decision upholding the law, because they intend to appeal to the U.S. Supreme Court to review the law’s constitutionality.

Blush Erotica, The Kinky Candle Company Partner for Branded Candle

Blush Erotica has partnered with The Kinky Candle Company for an official branded candle.

Show More